Mistake - Law Dictionary Search Results
Home Dictionary Name: mistake Page: 6Restitutio in integrum
Restitutio in integrum, the rescinding of a contract or transaction, so as to place the parties to it in the same position, with respect to one another, which they occupied before the contract was made, or the transaction took place. The restitutio here spoken of is founded on the edict. If the contract or transaction is such as not to be valid, according to the jus civile this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a person to the restitutio, he must have sustained some injury capable of being estimated, in consequence of the contract or transaction, and not through any fault of his own, except in the case of one who is minor xxv. Annorum, who was protected by the restitutio against the consequences of his own carelessness.The following are the chief cases in which a restitutio might be decreed:-The case of vis et metus. When a man had acted under the influence of force or...
Repetition
Repetition, a recovery of money paid under mistake, Civ. Law....
Rectification
Rectification, implies the correctness of an error or removal of defects or imperfections. It implies prior existence of error, mistake, or defect, which after rectification is made right, and corrected by removal or the flaws, Benarsi Dass Saraf v. Dalmia Dadri Cement Ltd., (1967) 37 Comp Cas 440: AIR 1959 Punj 232.Rectification. The power to rectify a written document which, as drawn out, does not express the mutual and concurrent intention of the parties, is a power which the Courts of equity always possessed; but such jurisdiction is exercised with the greatest care and caution, and only on evidence of the clearest and most satisfactory description. Rectification has been made in almost every kind of instrument, e.g., in marriage settlements, Cogan v. Duffield, (1876) 2 Ch D 46; in agreements concerning land, Olley v. Fisher, (1886) 34 Ch D 367; in conveyances White v. White, (1872) LR 15 Eq 247; and in leases Cowan v. Truefitt, Ltd., (1899) 2 Ch 309. As to wills, see Vaughan v. Cl...
Messuage
Messuage [fr. messuagium, Law Lat., formed perhaps fr. mesnage, by mistake of the n, in court hand, for u, they being written alike; or fr. maison, Fr.], a dwelling-house with its outbuildings and curtilage and some adjacent land assigned to the use thereof. See Co. Litt. 5 b, and Mr. Hargrave's note, as to what passes under the word 'messuage.' In Monks v. Dykes, (1839) 4 M&W 567, Parke, B., said that 'a messuage and a dwelling-house are substantially the same thing, and therefore if rooms be so occupied as to be in fact a dwelling-house, they may be described as a messuage.'In Scotland the principal dwelling-house without a barony, Bell's DictMessuage, a dwelling house together with the cartilage, including any out buildings, Black's Law Dictionary, 7th Edn...
Self deceived
Deceived or misled respecting ones self by ones own mistake or error...
Professional negligence
Professional negligence, 'professional negligence' is a mistake by a medical practitioner which is not reasonably competent and careful would have committed is a negligent one, A.S. Mittal v. State of Uttar Pradesh, AIR 1989 SC 1570 (1574): (1989) 3 SCC 223: (1989) 3 SCR 241....
Prize Court
Prize Court. This is an international tribunal, existing only by virtue of a special commission under the Great Seal, during war or until the litigations incident to war have been brought to a conclusion. It is frequently confounded with the Court of Admiralty, in consequence, perhaps, of the same judge having usually presided in both courts; but this is a mistake, for the whole system of litigation and jurisprudence in the prize Court, though exceedingly important, is peculiar to itself, and is governed by rules not applying to the Instance Court of the Admiralty (now part of the High Court), which is a mere civil tribunal.The old Court of Admiralty had in fact from very ancient times two separate and distinct jurisdictions--the Instance Jurisdiction and the Prize Jurisdiction, though the real origin of the latter is wrapped in obscurity. When the High Court of Admiralty became merged in the High Court of Justice, (English) Jud. Act, 1925, s. 23, replacing the (English) Jud. Act, 1891...
Per incuriam
Per incuriam, are those decisions given in ignorance or forgetfulness of some inconsistent (sic) statutory provision or of some authority binding on the court concerned, so that in such case some part of the decision or some step in the reasoning on which it is based, is found, on that account to be demonstr-ably wrong, A.R. Antulay v. R.S. Nayak, (1998) 2 SCC 602: 1988 SCC (Cri) 372.Per incuriam, through want of care. An order of the Court obviously made through some mistake or under some misapprehension is said to be made per incuriam.Incuria literally means 'carelessness'. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it rendered, 'in ignoratium of a statute or other binding authority', Young v. Bristol Aeroplance Co. Ltd., foll.; State of Uttar Pradesh v. Synthtics and Chemicals Ltd., (1991) 4 SCC 139 (162)....
Parol evidence
Parol evidence, testimony by the mouth of a witness. It is a general rule that oral evidence cannot be substituted for a written instrument, where the latter is required by law, or to give effect to a written instrument, defective in any particular essential to its validity; nor contradict, alter, or vary a written instrument, required by law, or agreed upon by the parties, as the authentic memorial of the facts which it recites. But parol evidence is admissible to defeat a written instrument on the ground of fraud, mistake, etc., or to apply it to its proper subject, or, in some instances, as ancillary to such application to explain the meaning of doubtful terms, or to rebut presumptions arising extrinsically. In these cases the parol evidence does not usurp the place of written evidence, but either shows that the instrument ought not to be allowed to operate at all, or is essential in order to give to the instrument its legal effect.The general rule with regard to the admission of pa...
Nonvidentur qui errant consentire
Nonvidentur qui errant consentire.-(They do not appear to consent who commit a mistake.) See Broom's Leg. Max....
- << Prev.
- Next >>